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Home»Legal and Regulatory»Who Will Write America’s Crypto Rulebook? The Fight Is On
Legal and Regulatory

Who Will Write America’s Crypto Rulebook? The Fight Is On

September 23, 2025No Comments3 Mins Read
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The fight over how to regulate cryptocurrencies in the United States has entered a new stage in the Senate. Twelve Democrats are pressing Republicans to let them take part in actually writing the crypto market structure bill, rather than leaving them to comment on a GOP-drafted proposal. Their demand highlights the high stakes of this legislation, which could define the balance of power between the SEC and CFTC, reshape oversight of digital assets, and set the rules of the road for investors and exchanges.

Democrats Call for True Collaboration

Screenshot 2025-09-21 at 19-41-17 Democratic Senators Release Statement on Market Structure Legislation.png

A group of twelve Senate Democrats released a statement urging Republicans to allow for bipartisan authorship of the crypto market structure legislation moving through Congress. The lawmakers stressed that such a sweeping regulatory bill should not be crafted by one party alone. They emphasized that bipartisan authorship has historically been the norm for legislation of this scale and argued that meaningful collaboration is necessary for credibility and speed.

Who Signed the Statement?

The signatories include some of the most active Democratic voices on digital assets: Kirsten Gillibrand of New York, Cory Booker of New Jersey, Ruben Gallego of Arizona, and Mark Warner of Virginia, among others. This group previously introduced a seven-pillar framework for regulating crypto markets, signaling their intent to shape the discussion rather than merely react to Republican proposals.

GOP Bill and the Clarity Act

The Republican-led draft, known as the Clarity Act, has already passed the House and is now under review in the Senate. The bill directs the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to form a joint committee on regulatory harmonization. This is an attempt to bridge the gap between the two agencies, which have taken different stances on how to classify and oversee digital assets.

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Democrats’ Alternative Vision

The Democratic framework takes a different approach. It would give the CFTC explicit authority over spot markets for non-security tokens while also creating a process for determining when a token should fall under SEC jurisdiction. Their proposal also goes further in addressing conflicts of interest, seeking to bar elected officials and their families from launching or profiting from crypto projects during their time in office. In addition, they are pushing for more funding for financial regulators to handle the complexity of crypto markets.

Role of Senate Committees

Another key point for Democrats is coordination with the Senate Agriculture Committee, which oversees the CFTC. They argue that the committee must play a central role in shaping crypto oversight. Senate Banking Republicans have reportedly left the door open to receiving input until October 20, though the committee has not locked in its schedule.

Political Undercurrents

The call to restrict government officials from profiting off crypto while in office also carries a sharp political edge. It comes as President Donald Trump has significantly increased his wealth through crypto ventures during and after his time in office. For Democrats, this is not only about market stability but also about addressing perceived ethical risks tied to public officials engaging in private crypto dealings.

What Happens Next?

The coming weeks will test whether Republicans are willing to open the drafting process to bipartisan input. If the Clarity Act advances without changes, Democrats may push back with their own amendments or stall progress in committee. The outcome could shape the future of U.S. crypto regulation for years, determining whether the market operates under a balanced framework or one shaped primarily by one party’s vision.

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